On Friday, former employee Conrad Lepe’s complaint against Swift Beef Company was removed from California state court to the Central District of California. The underlying complaint alleged wrongful termination after Lepe came down with a serious medical condition and was unable to work.
The complaint said that in August 2019, Conrad Lepe notified Swift Beef that he had respiratory complications that required him to be absent from work, after being a “model employee” for years. He told his employers that “his doctor had prescribed antibiotics, steroids, an inhaler, and recommended he undergo X-ray examinations of his lungs” and provided a doctor’s note. Over the month of September he had several absences, necessitated by his doctor, as he continued to relapse on his progress and requested a meeting with human resources in October.
However, the representatives “failed to conduct any good faith interactive process to see if Plaintiff could be accommodated.” According to the complaint, numerous employees “were routinely arriving at work showing signs of being ill but were not being sent home” and even allegedly retaliated against Lepe by singling him out for poor performance.
The plaintiff says the harassment came to a head on October 25, 2019, when the plaintiff allegedly was written up for “trying to be a perfectionist” and then was told to “start looking for employment elsewhere” after he tried to apply for another round of medical leave.
This pattern continued until March 2020 when he was served with “a discriminatory and retaliatory write-up for nine unexcused absences and allegedly exceeding available leave time.” He was later fired on April 22, 2020 after another absence.
The plaintiff claimed that he suffered financially and emotionally as a result of the mental anguish he was put through while working for Swift Beef. As a result, he is suing on the counts of whistleblower retaliation and several violations of the Fair Employment and Housing Act (FEHA).
The plaintiff is seeking general damages, compensatory damages, liquidated damages, special damages, punitive damages, restitution, civil penalties, pre- and post-judgment interest, attorney’s fees and costs, and other relief.
The plaintiff is represented by Valiant Law.
